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Patna High Court

Diwakar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to anticipatory bail and ordered his release on bail with conditions.

Summary

Diwakar Kumar was arrested in a case alleging offences under the Bihar Narcotic Substances Act, 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2018, based on an FIR in which an informant claimed an attempted abduction and the recovery of liquor from a seized vehicle. The petitioner contended that he has a clean record, was falsely implicated, is not the owner of the vehicle, and will cooperate with the investigation. The State opposed the anticipatory bail application. The Court examined the submissions and, applying Section 438(2) of the Criminal Procedure Code, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions prescribed. The order also directed compliance with the Special Excise Judge of Sheikhpura.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code
  • Whether the allegations in the FIR justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • bail conditions
  • false implication
  • narcotic offences
  • excise law
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86280 of 2025
                     Arising Out of PS. Case No.-105 Year-2025 Thana- ARIYARI District- Sheikhpura
                 ======================================================
                 Diwakar Kumar S/O Pappu Tanti @ Pappu Kumar Resident of village - Karan
                 Bigha, P.S. - Noorsarai, District - Nalanda(Sheikhpura wrongly mentioned in
                 Impugned order)

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajnish Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 127(2), 109, 140(1)

                   and 3(5) of B.N.S., 2023 as well as Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent. It is next submitted

                   that in sum and substance the allegation is that informant alleges

                   that an attempt was made to abduct him but then the car by

                   which he was abducted after going some distance stopped and a

                   passerby saw the accused persons including the informant, as

                   such, the accused persons leaving the informant and the car fled
Patna High Court CR. MISC. No.86280 of 2025(3) dt.23-02-2026
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          and from the car 0.750 litre of liquor was also recovered.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations, as alleged in the FIR, it would manifest that the

          informant alleges that while he was going to his clinic when he

          was intercepted by the accused persons who made an attempt to

          abduct him. It is next submitted that if the FIR is read in its

          entirety, it would manifest that the informant also alleges that

          the accused persons threatened that since their patient died on

          account of his negligence, as such, he should be killed. It is

          thus, submitted that since a patient had died on account of

          negligence of the informant hence, an altercation had taken

          place in between the informant and the accused persons but

          when villagers gathered the petitioner and other accused fled

          leaving the car. It is next submitted that as far as allegation of

          recovery of liquor is alleged, the same is ornamental to give

          seriousness to the case. It is also submitted that petitioner is not

          the owner of the vehicle which was seized. It is further

          submitted that petitioner will not abscond rather will cooperate

          in the investigation to prove his innocence.

                       5. Learned APP for the State opposes the anticipatory
               Patna High Court CR. MISC. No.86280 of 2025(3) dt.23-02-2026
                                                           3/3




                         bail application.

                                      6. Considering the submissions made by learned

                         counsel for the petitioner, let petitioner, above named, in the

                         event of his arrest or surrender within a period of six weeks

                         from today, be released on bail on furnishing bail bond of

                         Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of learned Exclusive Special

                         Excise Judge, Sheikhpura in connection with Ariyari P.S. Case

                         No.105 of 2025, subject to the conditions laid down under

                         Section 438(2) of the Cr.P.C.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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